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(영문) 창원지방법원 2018.12.06 2018나1449
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff engaged in the manufacturing business of the panel was supplied to the defendant, who is an individual entrepreneur of the trade name of "B", with goods, such as the board from around October 7, 2015 to October 7, 2016, and was not paid KRW 11,164,598 out of the price of the goods.

Therefore, the defendant is obligated to pay to the plaintiff 11,164,598 won for the above goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 11, 2016 to the delivery date of a duplicate of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant alleged that he only lent the name as the representative of B, and that C is a party that made a transaction with the plaintiff, and there is no evidence to acknowledge the above assertion. Even if the defendant is the nominal lender, it is sufficiently recognized that the plaintiff trades the defendant by misunderstanding the defendant as the business owner in accordance with the above evidence and the purport of the whole argument. Thus, the defendant's above assertion is jointly and severally liable for repayment pursuant to Article 24

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed and it is so decided as per Disposition.

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